A Children's Emergency - Report on children affected by and conceived in the genocide against the Rohingya - Gesellschaft für bedrohte Völker
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August 2020 A Children's Emergency Report on children affected by and conceived in the genocide against the Rohingya
Contents
Introduction 5
1. Summary and Calls for Action 7
2. Children, the forgotten victims of conflict 11
Children without future? 12
3. The suffering of Rohingya war children 16
Crimes committed against Rohingya children 16
i. Killings and injuries
ii. Sexual violence
iii. Witnessing traumatic events
iv. Enforced disappearances
Current situation for Rohingya children remaining in Myanmar 19
A child's life in displacement in Bangladesh 21
i. Family and living situation
ii. Physical safety
iii. Human trafficking, recruitment, and child marriage
iv. Sexual and gender-based violence
v. Education
vi. Health
vii. Religion
viii. Threat of renewed deportation (Bhasan Char)
Summary 25
4. The plight of children conceived in rape of Rohingya women 28
Situating children born of Conflict-related Sexual Violence (CRSV) among the Rohingya 28
Living as a child born of CRSV among the Rohingya 31
i. Socio-economic challenges
ii. Political juridical challenges
iii. Physical/medical challenges
iv. Psycho-social challenges
Summary 40
Annex 42
Footnotes 44
Imprint 53
3More than half - almost 60% - of all Rohingya refugees are children,
making the genocide against the Rohinyga truly a children’s emergency.
Photo: Steve Gumaer/Flickr (CC) BY-NC 2.0Introduction
The Rohingya minority in Myanmar has suffered of children affected by war – in the most literal
systemic discrimination and human rights viola- sense – who are still often forgotten: children
tions for decades at the hands of the Myanmar born of war-time sexual violence , known as
government, authorities and military (Tatma- children born of war. On the occasion of the third
daw). Their plight culminated in genocide and anniversary of the genocide, on 25 August 2020,
mass deportation of Rohingya women, men, and this report addresses the plight of Rohingya war
children starting in August 2017: a total number children and children born of war. These children
of 25,000 Rohingya were murdered, at least deserve to no longer be forgotten.
18,000 women and girls were raped, an unknown
number of men and boys were raped or sexually Section 1 of this report provides a summary and
abused, 43,000 people were injured. Amongst calls for action on behalf of the forgotten children
these crimes, hidden within the anonymously of the Rohingya genocide. They should no longer
high number of victims, are crimes committed be forgotten and overlooked.
against children.
Section 2 provides further details on how chil-
Many accounts tell a similar story: children were dren in general are affected by war.
killed or injured by rapists while the children's
mothers were being raped; children were left to Sections 2 and 3 provide a unique account of the
burn to death in huts as villages were set on fire; suffering of war children and children born of war
and young children, including unborn babies, during and after the Rohingya genocide, respecti-
were often violently killed. Rapes were specifi- vely.
cally committed against females of reproductive
age, and about half of all rape victims were under- The Annex provides background information on
age girls, some as young as nine years old. These the persecution of the Rohingya leading up to and
crimes were committed with revolting brutality. culminating in genocide.
By today, over a million Rohingya have fled Myan-
mar. The large number of refugees and the high
pace at which they are displaced makes it the Disclaimer: This report contains information on
most significant refugee exodus since the Rwan- abuse and violence committed against children
dan genocide in 1994. More than half – almost and adults, including sexual violence. This may
60% – of all Rohingya refugees are children, be distressing to some readers.
making the genocide against the Rohinyga truly a
children's emergency.
Authors: Lina Stotz (Advisor at the Society for
Children affected by armed conflict are known as Threatened Peoples), Katrin Hirsch (Intern at the
war children. However, there is another category Society for Threatened Peoples)
5Map of Myanmar with Rakhine state highlighted. Rakhine was the home of the Rohingya before the genocide.
1. Summary and
Calls for Action
In the latest escalation in the genocide against These unwanted children are in imminent danger
the Rohingya minority of Myanmar committed by of being trafficked. Mothers who decide to keep
the Myanmar army (Tatmadaw) which started on their children often face ostracization by their
25 August 2017, children were heavily affected. families and communities, leaving them vulne-
As a consequence, nearly 60% of all Rohingya rable to abuse, divorce and subsequent loss of
refugees are children. social status and income. Unmarried mothers with
children born of war often are unable to get
Although some Rohingya remain in Myanmar, married, depriving them of a traditional source of
most live in refugee camps in the neighbouring security and income. Some mothers are forced
Bangladesh. Among them are over half a million into survival sex work. The children get referred to
children. The circumstances in these refugee as "zoora fua" translating to "illegal children";
camps are desperate and especially harsh for "mog", a local term for "Myanmar army"; "bad
children. They lack access to proper education, blood"; "mongrel"; "children of the enemy",
are exposed to unsafe living conditions in the among other derogatory names, indicating the
crowded camps, an increased rates of child severity of stigma faced by these children. If the
marriage, an increased risk to human trafficking, situation remains unchanged, these children will
amongst other issues. Many of the children living probably face lives as outsiders with severe
in these harrowing conditions were exposed to psychological trauma and socio-economic adver-
violence before fleeing Myanmar. Thousands of sities and they will likely remain at risk of exploi-
children were killed. At least 6,000 girls were tation, abuse and radicalization.
raped. An unknown number of children had to
witness brutalities committed against relatives. The Rohingya war children and children born of
Other children were beaten, tortured or forcibly war have survived genocide. They do not
disappeared. Some instances and patterns of deserve to become a lost generation. They have
violence suggest that children were systematical- the right to a future in dignity. Bangladeshi
ly and deliberately targeted. These children have authorities, the international community, donors
physical and mental scars that do not have a good and organisations, as well as the government of
chance to heal in the poor conditions in the Myanmar are therefore urged to respond to the
refugee camps. following calls to action.
Children born of war experience unique chal-
lenges. Due to the stigma attached to the cir-
cumstances of their conception, many mothers
give their children up for informal adoption.
7Health and safety: attached to children born of war are needed in
order to alleviate the social exclusion and
All children in the refugee camps in Cox's Bazar vulnerability as a marginalized group for chil-
must be protected from human trafficking, dren born of war and their mothers.
domestic and sexual abuse, and exploitation.
For this, infrastructure such as lighting and All children have the right to opportunity and
roads and overall safety and law enforcement to be seen and heard. The government of
is needed. Special care should be taken to Bangladesh should recognize all Rohingya as
protect children born of war as they are par- refugees. This is the only way to ensure that
ticularly vulnerable. parents can take up employment and provide
for their families.
Children are especially vulnerable to radicali-
zation and recruitment by armed or extremist Education:
groups. All organizations active in the camps in
Bangladesh should be vetted and prohibited All Rohingya children have the right to educa-
access if dangerous to children or any other tion. This should be respected by all states in
group. Especially groups facilitating the buil- which they seek refuge – and in their home
ding of orphanages or schools need to be country, Myanmar. The 2020 pilot project bet-
controlled. ween Bangladesh and the UN can only be seen
as a beginning.
Tracking systems for children in the camps
should be improved, so that lost children can Justice:
be reunited with their families quickly, instead
of falling into the hands of traffickers. Crimes against children, sexual violence, and
the existence of children born of war need to
Medication and psychological treatment be addressed by courts, and the perpetrators
needs to be accessible to all children. Children need to be held to account. For this, the inter-
who witnessed atrocities committed against national community continues to play a key
family members are especially at risk. The pre- rule – but Myanmar must also take the prose-
valent invisibility of children born of war and cution and punishment of war criminals and
their risk for intergenerational and early- genocidaires seriously and recognize this
childhood trauma should be kept in mind need as vital for reconciliation.
when providing care.
The danger of radicalisation and recruitment
Safe spaces need to be available to all children of children in the camps in Cox Bazar should be
within the camps. recognised by the international community.
Feelings of hopelessness among these chil-
The internet connections need to be restored dren have should not be exploited by extre-
and kept stable. mist groups. As a measure of prevention and
safety, the international community should
Social inclusion: invest in protection from extremists and fill the
gaps in childcare and education that are being
Community measures addressing stigma capitalised upon by extremist groups.
8The responsibility of the international
community:
CHILD RIGHTS
Children and especially children born of war The Convention on the Rights of the
need to be recognized as victims of the Child defines children as anyone
Rohingya genocide. Children need to be below the age of 18. The Convention
included in all considerations regarding on the Rights of the Child is the most
humanitarian aid, justice initiatives, and widely ratified international treaty
diplomatic relations with all concerned states. in history. Myanmar and Bangladesh
are among the signatories. States
Safe future: parties to the Convention have to
respect and ensure the rights set
Rohingya children deserve a future. For this, forth in the Convention in regard to
the Rohingya need to be recognized as a each child in their jurisdiction irres-
minority of Myanmar; all Rohingya must be pective of the child's race, ethnicity,
granted effective citizenship; Myanmar needs religion and their parents' affilia-
to dismantle the discriminatory system of tions. The Convention recognizes
apartheid against the Rohingya community that children are rights bearers who
and abolish all relevant laws and regulations; deserve the same respect and op-
and Myanmar authorities and its wider popula- portunities as any other person. At
tion need to combat the culture of discrimina- the same time, the Convention
tion on racial, ethnic, or religious grounds. acknowledges that children are
faced with particular needs that
Deportation to Bhasan Char should be stop- require protection at the internatio-
ped. The refugees forcibly relocated to Bhasan nal level. The Convention serves as a
Char should be resettled to a location of their reminder of the human dignity of
choosing. children.
9Children are often not recognised as those who can drive forward reconciliation and restoration and that
they therefore should have access to their human rights, including the right to education, amongst others.
Photo: Lutfi Hakim/Flickr (CC) BY-NC 2.02. Children, the forgotten
victims of conflict
Prof. Dr. Ingvill C. Mochmann
Children growing up in times of conflict are be the cohort born before and during the Second
affected in different ways. 'War children' is a World War (approx. 1929-1945). The English term
collective term for children who are affected by 'occupation children' covers very different groups
war in some way, such as children born during the of children, namely all those who were born
genocide in Rwanda or children who grew up and/or grew up during an occupation. In addition
during the civil war in Syria, which has been to the more official terms listed above, there are
ongoing since 2011. various discriminatory expressions which are
used to describe this group of children, such as
The term 'children born of war' commonly refers 'Tyskerbarn' ('German Child' - Norway and Den-
to children who have one parent (usually the mark), 'Russenbankert' (Germany and Austria),
mother) that is a member of the local community 'Enfants de Boche' (France), 'Moffenkinder'
and the other parent (usually the father) that is (Netherlands), 'Children of Hate' (Democratic
part of a foreign army, opposing armed group, or Republic of Congo), or 'Devil's Children' (Rwanda),
peacekeeping force. There have been children to name but a few. It appears that such terms
born of war as a result of armed conflicts throug- were/are used, especially in post-conflict socie-
hout history; this is currently happening in on- ties, to discriminate against these children as
going conflicts and will, most likely, also happen hostile outsiders by attributing names to them to
in future. indicate the national or ethnic origin of the
fathers and/or to defame the mothers as women
The distinction between these two groups is not with immoral lifestyles.
always clear-cut, which constitutes one of the
challenges in this relatively under-researched In order to enable a clearer differentiation from
area. In other languages, there are thus different other groups of children affected by the war and
terms for children born of war. In Norway and to use a term that is as non-discriminatory as
Denmark, these children are officially referred to possible, the term children born of war was intro-
as 'krigsbarn', in the German-speaking world as duced into the research discourse in 2006 to
'Kriegskinder', 'Besatzungskinder', and 'Wehr- describe children who were fathered by foreign
machtskinder', and in the English-speaking world soldiers and born by local women. This term thus
as 'war children' and 'occupation children'. By covers all children born of war regardless of time
contrast, 'occupation children' in Germany and and geographical context, type of conflict, and
Austria refers to the children of Allied soldiers circumstances of conception.
from the United States, Great Britain, France, or
the Soviet Union in post-war Germany – while The past decades were characterized by an
'war children' ('Kriegskinder') are understood to increase in failed states, civil wars, and conflicts
11based on ethnic and religious cleavages around from a lack of health care and/or have no access
the world. The genocides during the aggression to education, no citizenship, or are exposed to
against Bosnia-Herzegovina in 1992-95 and in discrimination and stigmatization and even
Rwanda in 1994, the widespread use of rape as threats to their right to life. One of the most
weapon of war and the definition of this as a war pressing situations we see in this respect at the
crime by the United Nations in 2008 drew more moment is the situation of the children born by
international attention to the gender-related Yazidi mothers and fathered by "IS" fathers
dimensions of war and conflict studies. With following the Yazidi genocide and enslavement of
increased attention to conflict-related sexual Yazidi women by members of the Islamic State in
violence and reproductive health, pregnancies 2014. Another hotspot which needs immediate
related to sexual violence and children born of attention and action is the situation of the
war were increasingly addressed by various Rohingya, which is addressed in this report. The
interest groups. Although many of the children present situation of these children and their
born of war from more recent conflicts experience mothers is highly dramatic and action is long
the same challenges during and after war and overdue.
conflicts that are known already, it was decided by
an international expert group in 2016 that the
definition of children born of war needed to be
specified to cover new forms of warfare and to JUDICIAL PROCEEDINGS AGAINST
take into account the circumstances of many of
MYANMAR FOR GENOCIDE
today's conflicts, e.g. in Nigeria (children of Boko
Haram fighters) or Iraq and Syria (children of "IS" In November 11th, 2019, Gambia filed a
fighters) and Myanmar (Rohingya). The definition lawsuit at the International Court of Justice
for children born of war now used is: "Children (ICJ), accusing Myanmar of genocide.
who, in the context of an armed conflict, have a Myanmar is rejecting the allegation. A
local civilian as a mother and are fathered by a judgement can take years of hearings and
foreign soldier, para-military officer, rebel or other deliberations by the Court. In the meanti-
person directly participating in hostilities''. me, though, the Court indicated provisio-
nal measures. These measures oblige
Myanmar and its military and armed
Children without future? groups to refrain from further killings,
harm, or other violations against the
All over the world, there have been children born Rohingya, to refrain from destroying
of war – in many contexts, be it in Vietnam, Korea, evidence, and to regularly report to the
Bosnia, or Rwanda... Children born of war also Court on the implementation of these
exist in recent and ongoing armed conflicts all measures. This decision is based on a
over the world: from eastern Ukraine, Afghanistan, prima facie assessment of the Court that
or Syria to Nigeria, the Democratic Republic of the Rohingya still are in imminent danger
Congo, or Myanmar, just to name a few. The num- in Myanmar. The judgement is still pen-
ber of children born of war is likely to grow. On the ding. It is unclear to what degree the Court
basis of existing research, it can be assumed that will occupy itself with the suffering of war
many of these children are in danger of experien- children and children born of war.
cing human rights violations as they often suffer
12The long-term consequences of neglect of the immediate survival. The needs of children often
situation of children born of war and their appear secondary. Children are often not deemed
mothers can destabilize and traumatize whole capable of driving reconciliation and restoration –
communities and make post-conflict reconciliati- and they are, thus, often denied their human
on and peaceful co-existence impossible. As this rights, including the right to education, amongst
is often intended by the perpetrators, the interna- others. This situation is aggravated for children
tional community needs to address this issue and born of war: they are primarily seen as the unwan-
protect the interests of these children if the ted inheritance of 'foreign enemies' which points
respective nation states are unwilling or unable to to the fundamental patriarchal structure of the
meet this obligation. Even after the United societies concerned. These patterns, which can
Nations classified the systematic use of rape in be traced at the individual, community, and
war as a weapon of war in 2008, it took a long time societal level, seem to occur in a similar way in
before children resulting from these acts of many warlike conflicts, even in cases where there
sexual violence became a topic on the political have been specific attempts to protect the inte-
agenda, although children have been born as a rests of children. In summary, war children, in-
consequence of rape in most wars and conflicts cluding children born of war, are often marginali-
throughout history. zed and discriminated against regardless of time
and space, especially when the war is coming to
Especially during and after wars and conflicts, an end and they have to find their place in the
societies are mainly concerned with questions of community and society.
Author: Prof. Dr. Ingvill C. Mochmann (Political
Scientist at the GESIS-Leibniz Institute for the Social
Sciences and CBS International Business School)
13War Children
There are around 450.000 internally displaced people in Myanmar who had to flee from their villages
and towns due to the continuous attacks carried out by the military.
Photo: DYKT Mohigan/Flickr (CC) BY 2.03. The suffering of Rohingya
war children
Lina Stotz, Katrin Hirsch
Children were amongst those targeted by the houses while these were set on fire. Some
Myanmar military committing the genocide. They children were killed with knives by stabbing or
had to witness crimes committed against their throat slitting. Other children were beaten to
parents, siblings, neighbors. They saw their hou- death.
ses burn to the ground. They endured dangerous
journeys to safety in Bangladesh and other Children of all ages were targeted. Especially
countries. Many children did not survive. Most of young children (as well as elderly people) burned
those who did are living in refugee camps in to death in their houses, unable to flee their
Bangladesh in the district of Cox's Bazar. It is the homes which were set on fire by the military. In
largest refugee settlement in the world, heavily some instances, new-born and even unborn
overcrowded and not fit for children. Of the few babies were killed using brutal violence. In
Rohingya who remain in Myanmar, most are some instances, visibly pregnant women and
internally displaced – now living in similarly dire their unborn babies were brutally killed, for
conditions. instance by burning them alive. Some pregnant
women lost their unborn babies due to being
Crimes committed against Rohingya children raped by Burmese soldiers.
The genocidaires did not spare children in their Often, children were killed before, during, or after
genocidal attacks. Instead, a number of crimes they had to witness their mothers or other
were committed against Rohingya children. Most relatives get raped. There are many accounts of
of those who survived are severely traumatized. the practice of killing children who cried or
screamed during or before the rape of their
i. Killings and injuries mother, sister, or other relative before they were
killed.
Within just the first four weeks of the genocide, at
least 1,000 Rohingya children under the age of Many children suffered severe injuries – including
five were killed. There are no numbers available gunshot wounds, indicating that they only closely
on how many children died in total since August escaped death. Several children died of
2017, but it can be assumed that thousands of wounds or exhaustion on route to safety; some
children were killed. parents carried the bodies of their dead children
for days in order to bury them safely.
Many of the killings of children were carried out
with massive brutality. Some children were shot
in the back while fleeing. Others were left in their
16ii. Sexual violence ment and torture, killings, and other crimes
committed against their parents, siblings, other
More than half of all Rohingya rape victims were relatives, and neighbors – and also to watch their
children (predominantly girls). At least 6,000 homes burn to the ground. Such an experience
Rohingya girls were raped. According to some can be severely traumatic. Being forced to watch
figures, the number of underage rape victims sexual and other assault is especially severe
could even be as high as 10,000. Many of the when children are subjected to it: Rohingya chil-
victims suffered genital injuries or mutilations as dren who were forced to watch rapes tend to
well. It is estimated that 80% of the rapes were show serious psychological symptoms, such as
gang-rapes. Many rapes were committed publi- withdrawal and violent behavior towards
cly in front of neighbors, family members, or the adults. Being forced to watch rape is conside-
village. The rapes were committed with revol- red sexual violence in itself as it compromises
ting brutality, leaving many victims with perma- ones sexual autonomy and often has lasting
nent injuries. Some rape victims were "bran- impact on victims and their sexual develop-
ded" by perpetrators leaving bite marks on their ment.
bodies to permanently mark them as victims of
sexual violence. This strongly suggests a pat- iv. Enforced disappearances
tern of targeting females of reproductive age,
likely with the intention to cause pregnancy, to There were also cases of enforced disappearan-
destroy reproductive organs, disrupt family and ces which involved children. "Women and girls of
community ties, humiliate the victims and their fertile age were rounded up, separated and taken
families, and/or to render the victims psychologi- away", a UN report states. Other reports contain
cally unable to reproduce. Unmarried girls who similar accounts of groups of girls being taken
were raped are often unable to get married due to away by soldiers. Boys as well as men were also
stigma attached to rape survivors, depriving them subjected to enforced disappearances by the
of a crucial means for economic stability and military. In most cases, the fate of the disap-
physical safety in the Rohingya community. These peared persons is unclear. Some assume that
repercussions are especially serious for girls who victims face rape and murder by the abductors.
became pregnant in rape. They face especially
severe stigmatization (see Section 3). Albeit less
frequently, sexual violence was also committed
against boys. Sexual violence against boys in-
volved genital mutilation, genital burning, forced
castration, penis amputation, and anal rape.
Especially for child victims, injuries incurred du-
ring sexual violence can lead to death, as has
been the case for some Rohingya children.
iii. Witnessing traumatic events
Another serious form of violence is that many
Rohingya children were forced to watch rapes,
sexual violence, inhumane and degrading treat-
17REDRESS FOR RIGHTS VIOLATIONS
Children have the right to life, as governed by Article 6 of the Convention on the Rights of the
Child. The Convention further obliges states parties, such as Myanmar, to protect children
from sexual abuse (Article 19), torture, or cruel treatment (Article 37(a)) and to respect the
inherent human dignity (Article 37(c)) of children. States parties must also protect and care
for children affected by armed conflict (Article 38). States parties are obliged to transpose
these rights into their national law, which Myanmar has done. Despite this, Myanmar is
clearly not complying with its obligations under the Convention. Redress for violations of
the Convention can be sought in the national justice system or with the Committee on the
Rights of the Child.
The rights of children affected by conflict and mass rights violations are further protected
under international humanitarian law and international criminal law. International humani-
tarian law protects children not participating in fighting from armed attack and affords them
special respect and protection (in various Articles in the Fourth Geneva Convention and
Additional Protocol I, Article 70(1)). These prohibitions and obligations are part of custo-
mary law and, thus, applicable to all states, including Myanmar.
International criminal law condemns killing, sexual violence, and other crimes committed as
part of genocide, armed conflict, or a widespread or systematic attack against a civilian
population (Articles 6, 7, and 8 of the Rome Statute of the International Criminal Court).
Myanmar is not party to the Rome Statute. The International Criminal Court can nevertheless
exercise jurisdiction over any offences against the Rohingya that have links to the territory
of the neighboring country of Bangladesh, which is a state party to the Rome Statute. Investi-
gations by the Court's Office of the Prosecutor into the situation in Myanmar/Bangladesh are
currently ongoing. The Prosecutor of the Court has recognized in her Policy on Children
(2016) that children need particular consideration in the judicial process, especially since
many crimes distinctly target children or affect them disproportionately. The Court has not
yet indicted any suspects.
Myanmar is also party to the Convention on the Prevention and Punishment of the Crime of
Genocide, which prohibits the commission of various acts with the intent to destroy an
ethnic, religious, national, or racial group in whole or in part. Violations of this Convention
can be redressed at the International Court of Justice. A case against Myanmar brought by
Gambia is currently ongoing.
18Current situation for Rohingya children camps, which are believed to be related to the
remaining in Myanmar overcrowding of the camps, as reported by the fire
department. In the camps, women and girls are
There are few Rohingya remaining in Myanmar. also particularly exposed to the risk of sexual
This is due to the ongoing security threats to the violence. The future prospects for the Rohingya
group: fighting against the Rohingya is still on- children in the IDP camps are deemed to be poor
going in Myanmar. There have been several by the residents themselves, one of the reasons
attacks in the beginning of 2020 with heavy for this being the insufficient access to education.
artillery and involving navy ships in Rakhine state Access is particularly limited for girls.
targeting Rohingya villages, displacing over a
thousand people, among them Rohingya villa- In February 2020, the internet was shut down in
gers. In spring of 2020, attacks occurred on a Rakhine State. The Norwegian Internet provider
daily basis near ethnic Rakhine and Rohingya "Telenor Myanmar" reported in a press announce-
villages. In 2019, the UN documented a three- ment in February that the instructions for shutting
fold increase of child casualties in Rakhine down the Internet were given by the Ministry of
state. 25% of those casualties were caused by Transport and Communication. According to the
remnants of war. UN, violence has increased in the affected regions
since the internet ban. Another concern is that,
There are around 450.000 internally displaced due to the shutdown, little to no reliable informa-
people in Myanmar who had to flee from their tion on the Covid-19 pandemic is available to the
villages and towns due to the continuous attacks population in Rakhine. The UN Special Rappor-
carried out by the military. A small number of teur on Myanmar, Yanghee Lee, condemned the
them are Rohingya, most of whom live in camps shutdown; it is ongoing nonetheless. Other
for internally displaced people (IDP camps). They recent measures include curfews and restricted
are "subject to government persecution and access for humanitarian aid, obstructing the
violence, confined to camps and villages with- supply of medical care and other necessities.
out freedom of movement, and cut off from Children are among the victims of these tactics.
access to adequate food, health care, education,
and livelihoods". It is difficult, dangerous, or The Rohingya continue to try fleeing Myanmar,
even impossible for women in particular to get but most of them are rejected by the neighboring
access to medical care, which is scarce anyway. countries. Since the beginning of 2020, more than
This creates risks for pregnant women and their 1,000 Rohingya tried flee their country by boat.
children. The overcrowded camps are a major They were turned away by neighboring countries
risk to the health of the inhabitants, especially in such as Malaysia, Thailand, and Indonesia. At
the context of the Covid-19 pandemic. Many times, hundreds of refugees were stranded at sea
camps do not have sufficient sanitary facilities or without sufficient food and water and shelter
clean running water, so hygiene conditions are from the sun. Among them were many children -
poor. who are even less prepared than adults to spend
weeks in scorching heat and without sufficient
The physical integrity of the occupants is also supply of water and food. The United Nations
threatened. Attacks have been carried out by both Convention on the Law of the Sea obliges coastal
the Myanmar military and camp security forces. states to conduct search and rescue missions at
Furthermore, there have been several fires in IDP sea. The 2016 Bali Declaration signed by several
19Southeast Asian coastal states provides for colla- continue to crackdown on Rohingya trying to flee
boration on search and rescue and disembarka- the country. On February 19th, 2020, the Myan-
tion. The pandemic could cause another spike in mar security forces arrested 49 Rohingya while
people trying to flee, putting them in acute danger trying to flee to Malaysia. Among them were 28
due to the way neighboring countries are dealing women, 18 men, and three children. They are
with refugees. Myanmar security forces also accused of travelling without valid papers.
Map of internally displaced persons' (IDP) camps in Myanmar (yellow) and refugee camps in Bangladesh
(red) in which many Rohingya have sought refuge after the genocidal attacks on their villages.
20A child's life in displacement in Bangladesh also at risk of harassment by locals in the area,
especially when collecting firewood in nearby
Around one million Rohingya have sought refuge forests, which sometimes leads to beatings.
in Bangladesh. More than half of them are chil- There is a threat of kidnapping and trafficking.
dren. Kutupalong in Cox's Bazar is the world's Sometimes, children get lost in the crowded and
largest refugee camp with approximately one chaotic roads and paths of the camps. Many
million inhabitants. children fear the roads of the camps for their
business and heavy traffic. Apart from the
i. Family and living situation latrines, the roads, and the forests, some children
identified their own tents as dangerous spaces
The Bangladeshi government does not allow the due to fears of landslides and thieves or kidnap-
inhabitants of Kutupalong to build permanent pers breaking in. Due to these threats, especial-
housing. The refugees live in small tents, made of ly for girls, many parents oblige their daughters to
plastic sheets and bamboo, which do not provide stay in the tent all day. Some 3,000 children are
sufficient protection from the elements or from unaccompanied; due to a lack of protection, chil-
landslides, especially in the rainy season. There dren are especially exposed to various dangers
is also a lack of safety and privacy in the tents, and. For instance, they face an increased risk of
which many children have said to find scary. sexual assault.
There are parts in the camp where the area per
person is only 10m², while the humanitarian iii. Human trafficking, recruitment,
standard is 30-45m² per person. Children do and child marriage
not have space to play and run, and there is a lack
of toys and books. Six out of ten inhabitants of Kutupalong are
children. They are particularly vulnerable to
Food and water are scarce as is the supply with human trafficking. Many children get lost in the
blankets, mosquito nets, mattresses, and other confusing maze of the camps – making them
basic items. Food is retrieved from distribution vulnerable to abuse, including abduction. Espe-
centers , but a diet on the distributed foods is cially girls are in danger of this. In the camps, there
not balanced: it lacks vegetables and fish, causing are kidnappers who try to abduct children in order
many children to be malnourished. to sell them. These children then face forced
labor, bonded labor, or sex trafficking. Some-
ii. Physical safety times, girls and young women are forcibly mar-
ried. Not uncommonly, women who were raped
Many areas in the camps are considered unsafe by members of Myanmar's military give their
for children. For this reason, many children avoid children conceived in rape to human traffickers.
going to the toilet facilities at night as many The figures on trafficking cases vary. Depending
facilities are not lit. Many girls try to avoid the on the source, 350 to 550 children have become
toilet facilities altogether for fear of harassment victims of human trafficking, kidnapped from
and threats of sexual violence, since many of the Cox's Bazar, each year since 2017. It is estima-
facilities do not have separate areas for different ted that over a thousand Rohingya children have
genders. Girls also have to fear harassment and been trafficked out of the camps.
sexual violence near water wells and in the forest
areas where firewood is collected. Children are There are reports of Islamist armed and extremist
21groups that prey on children in the camps. Groups is further exacerbating the threat of sexual vio-
such as the Islamist movement Hefazat-e-Islam lence and domestic abuse. Many girls and
are alleged of building schools and orphanages women cannot seek help due to the restrictions
with the aim of luring in children for their move- on mobility during the pandemic.
ment. Such groups have considerable influence
in the camps and are of particular danger to un- Some Rohingya men and boys become victims of
accompanied children. sexual abuse and exploitation as well. Especially
vulnerable are, among others, adolescent boys,
Child marriage is on the rise in the camps. The boys with disabilities, boys with certain sexual
average age of girls when getting married has orientations, and those in the context of informal
dropped from 15.8 in 2017 to 14.1 in 2019. and child labor.
30% of all child marriages involve unaccompa-
nied refugee children. Child marriage is seen as Some survivors of sexual violence are subjected
a measure of protection from sexual violence for to retraumatization by insensitive journalists and
girls, but child marriages lead to early pregnancy investigators and due to a lack of documentation,
and serious health risks for girls, amongst other as victims of sexual violence get interviewed
great disadvantages. again and again by the press, NGOs, and other
groups. Apart from causing psychological trauma,
iv. Sexual and gender-based violence this can render testimonies by these individuals
unusable before court.
"The situation in the camps is characterized by an
overall lack of protection and care mechanisms v. Education
for survivors of sexual violence, especially access
to psychosocial support and sexual and reproduc- There are nearly 400,000 Rohingya children and
tive health services. The services currently avail- youths of school age in the camps. Until
able fall short of meeting the needs of women and recently, children in the camps were denied
girls", stated Andrew Gilmore, Assistant Secreta- access to education and schools. This is not due to
ry-General for Human Rights of the UN. Almost a a lack of resources, but a deliberate policy of the
quarter of all women and girls living in Cox's Bazar Bengali government: in February 2019, the Ban-
said in an Oxfam survey that they do not feel gladeshi Refugee Relief and Repatriation Com-
safe. Girls become victims of sexual violence or missioner in charge of implementing the coun-
physical abuse in the camps on a daily basis. try's policy on Rohingya refugees, stated that "(i)f
Women and girls also often become victims of they (the Rohingya) stay for 20 years, you'll need a
domestic abuse. UNICEF and other aid organi- curriculum, but if it's just a year or two, then it's
zations operate safe spaces for women in the different. There is no possibility for them to take
camps to turn to. They work with community the Bangladeshi curriculum." The refugee
elders and mahjis – religious leaders – to mediate children are also prevented from studying accor-
and resolve some of these issues. Reasons for ding to the Myanmar curriculum. This means that
sexual violence and physical abuse are, according Rohingya refugee children have thus far only
to the International Rescue Committee: restrictive received informal education, amongst others
social norms, the living conditions in the camps, provided by UNICEF. The teaching centers in the
lack of access to justice, and confidentiality issues camp are important facilities for children. Many
when reporting abuse. The Covid-19 pandemic children report feeling safe there, which demon-
22strates the importance of such spaces. vi. Health
The lack of access to education is described by Many children in the camps suffer from the
the inhabitants of the camp as one of the biggest psychological impacts of their experiences in
problems. The behavior of the Bangladeshi Myanmar and on route to Bangladesh, as well as
government violates the UN Convention on the from the ongoing insecure and inhumane condi-
Rights of the Child, which was ratified by Bangla- tions in the camps in Bangladesh.
desh. According to this convention every child
must be guaranteed access to education without Hygiene is an issue in the camps – with children
discrimination. complaining about unsanitary toilets, a lack of
water, and the inability to regularly wash their
In January 2020, Bangladesh recognized the bodies and clothes.
problem of lack of access to education in the
refugee camps and announced its intention to Covid-19 adds to the health risks in the camps,
address it. One planned measure consists of a especially considering the insufficient supply
pilot project by the Bengali government and with clean water and the crowded living situation
UNICEF. It is supposed to reach 10,000 children in the camps. "Many are weakened by malnu-
attending grades 6 to 9. The aim of the project is trition. For them, it is impossible to observe pre-
to facilitate the integration of the children into ventive measures such as social distancing and
Myanmar society as soon as a safe return to washing their hands", said Dr. Anita Schug, neu-
Myanmar is possible. The curriculum is being rosurgeon and spokesperson of the European
developed in cooperation with UNICEF. Until they Rohingya Council (ERC), in a joint call for immedi-
reach the age of 14, the children will have access ate preventative care with the Society for Threa-
to education under Myanmar's curriculum. After tened Peoples.
that the children will receive a so-called "skill
training" and will be taught in the Burmese The camp has a population density of up to
language. The curriculum is to be adapted to the 70,000 people per square kilometer – even
special situation of the children. higher than New York City (around 38,000 people
per square kilometer), which is particularly
It remains to be seen how this program will be affected by the pandemic as well. Aid and human
implemented. There are significant shortcomings rights organizations have been criticizing the
though, such as that children above the age of 14 intolerable conditions for quite a while already,
will only receive vocational training. Most chil- but Bangladesh's authorities are refusing to
dren in the camps are under 11 years old. Girls improve the sanitation so as not to encourage
often do not have equal access to education, as even more Rohingya to flee from Myanmar to
they are no longer sent to school as soon as they Bangladesh. The internet blackout is exacer-
are considered marriageable. bating the spread of misinformation on the
virus. This misinformation includes rumors
There are reports of Islamist groups filling the that refugees reporting Covid-19 symptoms
void of education. The Islamist movement would immediately be taken to an undisclosed
Hefazat-e-Islam claims to already have 350,000 location. Such rumors are deterring refugees from
students in the camps. attending medical facilities and are causing
increasing panic with regard to the virus, such that
23it "could spread like wildfire among them and access to services due to isolation on the island,
lead to another 'massacre' of Rohingya." and exposure to potentially severe natural
disasters. Another serious concern is that
On 23rd December 2019, the EU decided to people might be forcibly relocated against their
donate a further 10 million Euros in humanitarian will: interviews conducted by Fortify Rights
aid to the Rohingya in Bangladesh. So far, the EU suggest that none of the people listed by the
had donated 33 million Euros. The aid is to go Bangladeshi authorities for resettlement to
towards access to food, clean drinking water and Bhasan Char had volunteered or wanted to go to
sanitation, as well as medical care. the island. In some cases, people affected have
threatened to kill themselves if they are actually
vii. Religion resettled. Involuntary resettlement could be
a serious violation of human rights and refugee
Children can exercise their faith freely in the law, and it could be detrimental to the refugees
camps. Reportedly, many children are happy to and their mental health, potentially causing
hear the calls of prayer, and they see it as a sign of retraumatization.
belonging and safety in the host community to be
able to pray freely. The first Rohingya refugees were brought to
Bhasan Char in April 2020. They had tried to flee
viii. Threat of renewed deportation (Bhasan Char) Myanmar by boat, but were picked up and reloca-
ted to the island, among them children in despe-
Since October 2017, the Bangladeshi govern- rate condition. In June 2020, Bangladesh re-
ment has gone to a lot of effort to transform settled another 400 Rohingya to Bhasan Char –
Bhasan Char island off the Bangladeshi coast into despite this statement by UN Special Rapporteur
a refugee camp. The planned camp on the island on Myanmar, Yanghee Lee, following a visit to the
is located about a three-hour boat ride from the island in 2019: "There are a number of things that
mainland. Bhasan Char is regularly flooded by remain unknown to me even following my visit,
monsoons and is also affected by cyclones. The chief among them being whether the island is
silt island emerged from the ocean only 20 years truly habitable. Ill-planned relocation, and relo-
ago and has never been inhabited. It was officially cations without the consent of the refugees con-
announced by the Bangladeshi authorities in mid- cerned, have the potential to create a new cri-
January 2020 that work on Bhasan Char had pro- sis."
gressed so far that the island was now habitable
and had capacity for 100,000 refugees. The Ban-
gladeshi authorities claim that protection against
flooding has been extended and that hospitals,
shelters, and mosques have been built.
Despite these efforts and the fact that the refugee
camps in Cox's Bazar are severely overcrowded,
concerns remain regarding a relocation to Bhasan
Char: there is a possible lack of freedom of
movement once the refugees are brought to the
island, possible family separation, a lack of
24REFUGEE RIGHTS DENIED IN BANGLADESH
The government of Bangladesh does not recognize the refugee status of the Rohingya, which
means that the Rohingya in Bangladesh are denied access to important resources and rights:
amongst others, freedom of movement, access to education, and the ability to work are
massively restricted. Under the Refugee Convention and its 1967 Protocol, all people –
including children – who have a well-founded fear of persecution on the basis of race,
religion, nationality, membership of a particular social group or political opinion are refu-
gees. Refugees, including child refugees, are protected from refoulement (the forcible
return to their country of origin). Children and adult refugees have the same legal rights.
Since the Rohingya suffer persecution due to race, religion and nationality and are unable to
avail themselves to the protection of their country (Myanmar) or return to Myanmar, they are
considered refugees. Bangladesh's lack of acknowledgement of this fact precludes the
Rohingya in Bangladesh from access to crucial rights: under the Refugee Convention,
amongst other rights, child refugees are to be granted the same access to education as local
residents (Art. 22). This and other rights are being denied by Bangladesh.
Summary
War children in the Rohingya community have they are often unable to reach their destination
suffered tremendously. Many of them have due to being picked up at sea by neighboring
witnessed brutalities committed against loved states. This situation – without proper education,
ones. Most of them now live in dire conditions in healthcare, and constant security threats – is
camps in Bangladesh. The ones remaining in detrimental to the development of children and
Myanmar are not safe from violence and persecu- their healing from the experiences during the
tion. Many Rohingya are still trying to flee, but genocide.
Authors: Lina Stotz (Advisor at the Society for
Threatened Peoples), Katrin Hirsch (Intern at the
Society for Threatened Peoples)
25Children Born of War
Risks for children born of CRSV: Children can also be mentally affected when they are not aware of their status,
for example through strained family relations as a result of their mother’s traumatization,
any related mistreatment or domestic abuse and the potential for identity crises.
Photo: Steve Gumaer/Flickr (CC) BY-NC 2.04. The plight of children
conceived in rape of
Rohingya women
Gaia Rietveld
The UN has recognized that "an unknown num- were asked several questions regarding the
ber" of children were born as a result of the number of children born of CRSV among the
massive rape campaign against Rohingya women. Rohingya and their living situation. The insights
The following sections are excerpts of the master shared by the respondents generally confirmed
thesis of Gaia Rietveld titled 'When innocence the information found among the news and NGO
and violence collide – Exploring the lives of chil- reports. All respondents recognized the wide-
dren born of conflict-related sexual violence spread occurrence of sexual violence back in
among the Rohingya community' (VU University Myanmar, and multiple respondents confirmed
Amsterdam). The basis of this research is a com- that sexual violence survivors mostly identified
bination of literature review and field interviews. armed actors as the perpetrators. Some respon-
Rather than interviewing sexual violence survi- dents spoke about their experiences with sexual
vors or others from the Rohingya community violence survivors to illustrate the widespread
directly, the study instead focused on NGO nature of sexual violence in Myanmar:
workers involved in the humanitarian response to
the Rohingya crisis. This way, practical issues such R18: 'When I talked to [a] male [focus] group, one
as accessibility to the camps, accessibility to person stood up and said: 'There are fourteen
victims themselves and the need for an interpre- people sitting here. All have a wife, and every wife
ter could be avoided. More importantly however, faced difficulties, all of them were tortured by
following the 'do no harm principle', it was Myanmar people, and all were raped.' All fourteen
deemed ethically inappropriate to conduct inter- wives were raped! … He said: 'Not one time. Even six
views directly with sexual violence survivors or seven times they were raped. I am a lucky man,
considering the means available to the resear- because my wife only got raped one time. Why was
cher. The do no harm-principle entails that my wife raped one time? Because we fled from
researchers should minimize the risk of adverse Myanmar to Bangladesh, so we were lucky. But [the
consequences for research participants. others] are not lucky people, because their wives
were raped more than six times.'
Situating children born of Conflict-related
Sexual Violence (CRSV) among the Rohingya R1: 'I remember going to one of the camps, I do not
remember which one, at the start of the response.
Multiple studies have pointed out that the lives of And there was one family which had seven
children born of CRSV are strongly influenced by daughters, and four of those daughters were
their living situation. Therefore, the respondents pregnant from sexual violence.'
28Although none of the respondents felt like they The lack of attention towards pregnancies at the
could give a substantiated estimate of how many early stages of the response is important in
children of CRSV were born, all of them recogni- situating children born of CRSV as it strongly
zed that at least some amount of births has influenced the availability of abortion services.
occurred. They based these statements on either Respondents indicated that, right now, abortion
their own experiences of meeting pregnant services are provided in the camps following the
sexual violence survivors, the stories of friends Bangladeshi law on 'menstrual regulation', the
and colleagues that also worked in the response, local term for abortions. Following Bangladeshi
or the assumption that pregnancies must have menstrual regulation laws, abortions are only
occurred as a logical result of the widespread allowed during the very early stages of the pre-
sexual violence. However, multiple respondents gnancy. There was a non-consensus among res-
also indicated that the issue of pregnancy among pondents on the exact timeframe during which
sexual violence survivors was once not so obvi- abortions were possible, ranging from the first 12
ous to the humanitarian response at the onset of weeks of the pregnancy to before the foetus has a
the Rohingya influx: heartbeat. Regardless, when these services were
finally made available, it was too late for most
R8: 'So, the occurrence of those pregnancies was women affected by sexual violence back in
something that was not well planned and not, well... Myanmar. Therefore, it is likely that most pregnant
I would say [the response was] not really prepared sexual violence survivors did not end their
for those numbers. … [T]here was a failure in the pregnancy through medical services provided in
sense of not putting in measures that could prevent the camps. Several respondents did indicate they
a pregnancy, or for an abortion to take place.' were familiar with occurrences of other measures
to avoid having to take care of the baby – such as
R18: 'From the first time, from the beginning self-administered abortions, abandonment in the
actually, there were not many services. In Bangla- camps, abandonment of babies with Burmese
desh, you know, we have some problems as well communities back in Myanmar, and giving the
bringing attention to health protection services. At baby to human traffickers in Bangladesh. One of
the time we only had a community clinic, a very the case workers participating in the group dis-
small one, and it was run by the government. At the cussion even indicated that a woman had told her
time this was the only type of facility that existed, she would kill the baby after it was born, although
and they only provided primary health care services, the case worker was not sure this actually happe-
no protection services, no sexual health services, no ned. However, statements regarding these mea-
gender-based violence services, nothing. Simply, if sures were generally based on anecdotal eviden-
they found a person wounded, then the primary ce or a specific case respondents were familiar
health centre provided treatment and if it was too with. It is therefore not possible to conclude if
difficult they were referred to Cox's Bazar or another these measures were widespread practices or
city. But there were no services at the time regarding one-off occurrences.
sexual violence or sexual torture. … Now there is an
option for abortion. But earlier I think there was not. When sexual violence survivors do not have an
In those primary health care centres there were abortion or do not resort to any of the more
services, but not abortion.' extreme measures discussed in the previous
paragraph, respondents indicated new-born
children of CRSV usually would end up in three
29situations: (1) living with their mothers and her this... to separate the kids from their own commu-
family if she has one, (2) living in a foster family nity. So we made sure that they had links with their
within the camps, found through personal or own community, the language and their history if
cultural networks or (3) living in a foster family they were given to families within the Rohingya
within the camps, provided by the NGOs. Any community within the camps.'
adoptions or forms of institutionalization outside
of the camp were not possible. Most respondents Although adoption outside of the camps was not
attributed this to the unwillingness of the Bangla- an option, many respondents described the exis-
deshi government to allow for adoptions or tence of a cultural practice of looking after un-
institutionalizations: wanted children among the Rohingya community.
According to respondents, it was quite common
I: 'Is there any adoption system in place? Within for unaccompanied or unwanted children to be
Bangladesh or outside?' taken in by other family members than their
parents or even other families within the commu-
R1: 'Within Bangladesh not that I know of, for a nity. As the vast majority of Rohingya women give
number of factors. One, and it is a key one: this is a birth at home without the involvement of the
heavily populated country. So they are definitely NGOs, it is unknown how many unwanted babies
not going to adopt children. And then externally, the were taken in by other families through this prac-
adoption of children will almost be none and nil, tice. However, respondents have indicated that
and totally discouraged, because of the risk of the mothers and families of these babies often
trafficking. If you encourage adoptions it is going to have ambivalent feeling towards them, as will be
be a long process, which has not yet started here. It extensively discussed in section 5.3. Therefore, it
is going to be a long process to make sure that these is likely that a significant number would take
babies go out officially documented and secure.' advantage of this practice and that quite some
new-born children of CRSV have ended up living
R4: 'Currently there are a lot of regulations for when with foster families as a result.
you try to adopt any children, you need to have an
international registration, you need to have the As some NGOs took notice of the existence of this
mandate. There are a lot of rules involved, because practice, a system was set up aiming to link up
there have actually been issues of child trafficking families that would want to take in a child with
and different kinds of sexual violence. So it is not unwanted babies:
possible, the Rohingya community is not even
allowed to live mixed with the mainstream [Bangla- R12: 'Basically there was an informal support
deshi] population. … According to my experience I system set up, where [NGO involved in Child Pro-
know that actually it is not possible to adopt.' tection] along with its partners worked to find
places for these babies in the community, and
However, another respondent also expressed supported families to look after them. So basically
considerations regarding the wellbeing of the the Rohingya community, which I understand is
child to be an important factor: similar to a lot of communities in the world actual-
ly... if there's a baby without parents for whatever
R8: 'The foster homes were within the camps, within reason, often there will be people in the community
the Rohingya community. So that was a key factor who would like to have another child, or are unable
within there. We did not want them to be outside to to have children, or for whatever reason are pre-
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